Indicator 1(G): Can people with mental disabilities access effective mechanisms if they want to complain about their right to live in the community?
Conclusion:
No. Complaints and legal avenues are not available to people with mental disabilities under guardianship.
Explanation:
No legal avenues are available to people with disabilities placed under guardianship to challenge their placement in an institution. As such, tens of thousands of people are locked in institutions without any mechanism to complain or to get out. Complaints of people under guardianship can only be initiated by the guardian who is often the same person who has authorised their institutionalisation in the first place.[33] The guardian has power over all financial and property matters related to a person placed under guardianship, creating a clear conflict of interest. People with mental disabilities placed under guardianship, with few exceptions,[34] are not recognised as having legal standing to initiate court proceedings.
[33] Section 49(1) of Act III of 1952 on the Civil Procedure.
[34] In case of initiating the review of the guardianship order –with the aim of lifting the guardianship or modifying the conditions of it – the person under guardianship has legal standing. Section 312 (3) of of Act III of 1952 on the Civil Procedure.